Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.

Unauthorized use of Climbing Wall Association’s (CWA’s) web sites and systems including but not limited to unauthorized entry into CWA’s systems, misuse of accounts, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.

You acknowledge that CWA may disclose and transfer any information that you provide through this Website to (i) any employee or volunteer of the CWA, its affiliates, agents, or information providers in the conduct of our business; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. Use of this Website may be monitored, tracked, and recorded. Anyone using this Website expressly consents to such monitoring, tracking, and recording.

Copyright Notices

The works of authorship contained in the climbingwallindustry.org web site (the “web site”), including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by the Climbing Wall Association or one of its affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without CWA’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of CWA’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Web Content and Materials

The information on this web site is for information purposes only. It is believed to be reliable, but CWA does not warrant its completeness, timeliness, or accuracy. The information on the web site is not intended as an offer or solicitation for the purchase of any product or service of any member or advertiser.

The information and materials contained in this web site - and the terms and conditions of the access to and use of such information and materials - are subject to change without notice. Products and services described, as well as, associated prices, fees, charges, etc., may differ by geographic locations. Not all products and services are offered at all geographic locations.

You agree that (i) you will not engage in any activities related to the web site that are contrary to applicable law, regulation, or the terms of any agreements you may have with the CWA and (ii) in circumstances where locations of the web site require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

THE CWA OR ITS SUPPLIERS OR ADVERTISERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU.

ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND CWA DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. CWA RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEB SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEB SITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEB SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY CWA TO ANY PERSON TO USE THE WEB SITE OR SUCH INFORMATION, PRODUCTS, OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEB SITE AND SUCH INFORMATION, PRODUCTS, OR SERVICES IS PROHIBITED BY LAW.

Potential Disruption of Service

Access to the Website may from time to time be unavailable, delayed, limited, or slowed due to, among other things:

hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;

software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;

interruption (whether partial or total) of power supplies or other utility;

strike or other labor action (whether partial or total);

governmental or regulatory restrictions, court orders, or other human intervention; or

any other cause whatsoever beyond the control of CWA (whether similar or dissimilar to any of the foregoing).

Links to Other Sites

Links to non-CWA web sites are provided solely as pointers to information on topics that may be useful to the users of the CWA web site. CWA has no control over the content on such non-CWA web sites. If you choose to link to a Website not controlled by CWA, CWA makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does CWA warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that such site or content is devoid of viruses or other contamination. CWA does not guarantee the authenticity of documents on the Internet. Links to non-CWA sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEB SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEB SITE) IS PROVIDED “AS IS” “AS AVAILABLE”. CWA AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. CWA AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE WEB SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, CWA WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEB SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEB SITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL CWA BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND CWA’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

CWA AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEB SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, CWA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THIS WEB SITE, ANY INCOMPATIBILITY BETWEEN THE WEB SITE AND THE USER’S COMPUTER SYSTEM, THE USER’S BROWSER, THE USER’S FILES, OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND CWA’S AND ITS AFFILIATES’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING CWA’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES WILL CWA BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR ANY INDIRECT, CONSEQUENCIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEB SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER CWA HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with CWA. The user’s access to and use of the climbinwallindustry.org web site, and the terms of this disclaimer are governed by the laws of the State of